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Tina
Tina, Lawyer
Category: Family Law
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Experience:  JD, 17 years legal experience including family law
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Hi i am custodial parent other parent lost rites in october

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Hi i am custodial parent other parent lost rites in october 2010 and was limited to supervised visitation by a court approved place. It was ordered she only have these visits one hr a week. Last time she seen child was in oct 2010 . Im currently remarried and my wife and i filed a petition to terminate other parents rights due to abondanment and lack of financial support so my wife can adopt. Sense doing so other parent got out of jail and her parents and her are fighting me its become a real pain. The termination of rights is set for trial on july 3rd her public deffender is going to try for a continuance due to his lack of knowledge of the case. Public defender states the other parent said she has seen the child in last year and a half and has witness to testify. The problem with that is, it was without my acknowledgment and against court order. The only way she could have seen him is if her parents allowed her to see him behind our backs while he was with them during a visit . So both parents and her are in direct violation of the order. Our argument is she abonaded the child law stipulates one year no contact. My ? Is can she actually get away with saying she seen him if witness comes in to testify? Cause then her family has been breaking court order for a long time what should i say
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Was the mother in jail for the entire year and that prevented her from exercising her court ordered visitation? What was she in jail for?

How did she violate the court's order of visitation as far as you are concerned?
Customer: replied 2 years ago.
No she was not in jail the whole time she has drug proplems and just stoped using her visits .she was in and out of jail because drug issues. She broke court order by her parents taking child to see her outside of the ordered supervised visits by a facility with out my acknowledgement
Expert:  Tina replied 2 years ago.
I see.

No, a court would not typically condone violations of a custody/visitation order by recognizing the violating parent's attempts to see the child since those visits would be uncontrolled and may not be in the best interests of the child.

However, it is up to the non-violating parent to make these factual and legal arguments to persuade the court that such violations should not be condoned. It is best to retain an experienced attorney to represent you in making such arguments to prevent the court from carrying out an injustice.

Terminating a parent's rights is not an easy result to obtain since they are constitutionally protected, so you must normally show, through clear and convincing evidence, that it is in the child's best interests that the parent's rights be terminated.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction.

Thank you and all the best to you,

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32450
Experience: JD, 17 years legal experience including family law
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JD, 17 years legal experience including family law